1. Agenda and minutes TGn PHY ad hoc call June 2007
doc.: IEEE /2039r0
June 2007
Agenda and minutes TGn PHY ad hoc call June 2007
Date:
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Notice: This document has been prepared to assist IEEE It is offered as a basis for discussion and is not binding on the contributing individual(s) or organization(s). The material in this document is subject to change in form and content after further study. The contributor(s) reserve(s) the right to add, amend or withdraw material contained herein.
Release: The contributor grants a free, irrevocable license to the IEEE to incorporate material contained in this contribution, and any modifications thereof, in the creation of an IEEE Standards publication; to copyright in the IEEE’s name any IEEE Standards publication even though it may include portions of this contribution; and at the IEEE’s sole discretion to permit others to reproduce in whole or in part the resulting IEEE Standards publication. The contributor also acknowledges and accepts that this contribution may be made public by IEEE
Patent Policy and Procedures: The contributor is familiar with the IEEE 802 Patent Policy and Procedures < ieee802.org/guides/bylaws/sb-bylaws.pdf>, including the statement "IEEE standards may include the known use of patent(s), including patent applications, provided the IEEE receives assurance from the patent holder or applicant with respect to patents essential for compliance with both mandatory and optional portions of the standard." Early disclosure to the Working Group of patent information that might be relevant to the standard is essential to reduce the possibility for delays in the development process and increase the likelihood that the draft publication will be approved for publication. Please notify the Chair as early as possible, in written or electronic form, if patented technology (or technology under patent application) might be incorporated into a draft standard being developed within the IEEE Working Group. If you have questions, contact the IEEE Patent Committee Administrator at
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

2. June 2007
doc.: IEEE /2039r0
June 2007
Abstract
Agenda and minutes of IEEE TGn PHY ad hoc conference call for June 27, 2007
Phone number:
access code:
Call time: 11 am to 1 pm ET
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

3. June 2007
doc.: IEEE /2039r0
June 2007
Highlights of the IEEE-SA Standards Board Bylaws on Patents in Standards
Participants have a duty to tell the IEEE if they know (based on personal awareness) of potentially Essential Patent Claims they or their employer own
Participants are encouraged to tell the IEEE if they know of potentially Essential Patent Claims owned by others
This encouragement is particularly strong as the third party may not be a participant in the standards process
Working Group required to request assurance
Early assurance is encouraged
Terms of assurance shall be either:
Reasonable and nondiscriminatory, with or without monetary compensation; or,
A statement of non-assertion of patent rights
Assurances
Shall be provided on the IEEE-SA Standards Board approved LOA form
May optionally include not-to-exceed rates, terms, and conditions
Shall not be circumvented through sale or transfer of patents
Shall be brought to the attention of any future assignees or transferees
Shall apply to Affiliates unless explicitly excluded
Are irrevocable once submitted and accepted
Shall be supplemented if Submitter becomes aware of other potential Essential Patent Claims
A “Blanket Letter of Assurance” may be provided at the option of the patent holder
A patent holder has no duty to perform a patent search
Full policy available at 1
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

4. IEEE-SA Standards Board Bylaws on Patents in Standards
June 2007
doc.: IEEE /2039r0
June 2007
IEEE-SA Standards Board Bylaws on Patents in Standards
6.2 Policy
IEEE standards may be drafted in terms that include the use of Essential Patent Claims. If the IEEE receives notice that a [Proposed] IEEE Standard may require the use of a potential Essential Patent Claim, the IEEE shall request licensing assurance, on the IEEE Standards Board approved Letter of Assurance form, from the patent holder or patent applicant. The IEEE shall request this assurance without coercion.
The Submitter of the Letter of Assurance may, after Reasonable and Good Faith Inquiry, indicate it is not aware of any Patent Claims that the Submitter may own, control, or have the ability to license that might be or become Essential Patent Claims. If the patent holder or patent applicant provides an assurance, it should do so as soon as reasonably feasible in the standards development process. This assurance shall be provided prior to the Standards Board’s approval of the standard. This assurance shall be provided prior to a reaffirmation if the IEEE receives notice of a potential Essential Patent Claim after the standard’s approval or a prior reaffirmation. An asserted potential Essential Patent Claim for which an assurance cannot be obtained (e.g., a Letter of Assurance is not provided or the Letter of Assurance indicates that assurance is not being provided) shall be referred to the Patent Committee.
A Letter of Assurance shall be either:
a) A general disclaimer to the effect that the Submitter without conditions will not enforce any present or future Essential Patent Claims against any person or entity making, using, selling, offering to sell, importing, distributing, or implementing a compliant implementation of the standard; or
b) A statement that a license for a compliant implementation of the standard will be made available to an unrestricted number of applicants on a worldwide basis without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination. At its sole option, the Submitter may provide with its assurance any of the following: (i) a not-to-exceed license fee or rate commitment, (ii) a sample license agreement, or (iii) one or more material licensing terms. 2
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

5. IEEE-SA Standards Board Bylaws on Patents in Standards
June 2007
doc.: IEEE /2039r0
June 2007
IEEE-SA Standards Board Bylaws on Patents in Standards
Copies of an Accepted LOA may be provided to the working group, but shall not be discussed, at any standards working group meeting.
The Submitter and all Affiliates (other than those Affiliates excluded in a Letter of Assurance) shall not assign or otherwise transfer any rights in any Essential Patent Claims that are the subject of such Letter of Assurance that they hold, control, or have the ability to license with the intent of circumventing or negating any of the representations and commitments made in such Letter of Assurance.
The Submitter of a Letter of Assurance shall agree (a) to provide notice of a Letter of Assurance either through a Statement of Encumbrance or by binding any assignee or transferee to the terms of such Letter of Assurance; and (b) to require its assignee or transferee to (i) agree to similarly provide such notice and (ii) to bind its assignees or transferees to agree to provide such notice as described in (a) and (b).
This assurance shall apply to the Submitter and its Affiliates except those Affiliates the Submitter specifically excludes on the relevant Letter of Assurance.
If, after providing a Letter of Assurance to the IEEE, the Submitter becomes aware of additional Patent Claim(s) not already covered by an existing Letter of Assurance that are owned, controlled, or licensable by the Submitter that may be or become Essential Patent Claim(s) for the same IEEE Standard but are not the subject of an existing Letter of Assurance, then such Submitter shall submit a Letter of Assurance stating its position regarding enforcement or licensing of such Patent Claims. For the purposes of this commitment, the Submitter is deemed to be aware if any of the following individuals who are from, employed by, or otherwise represent the Submitter have personal knowledge of additional potential Essential Patent Claims, owned or controlled by the Submitter, related to a [Proposed] IEEE Standard and not already the subject of a previously submitted Letter of Assurance: (a) past or present participants in the development of the [Proposed] IEEE Standard, or (b) the individual executing the previously submitted Letter of Assurance. 3
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

6. IEEE-SA Standards Board Bylaws on Patents in Standards
June 2007
doc.: IEEE /2039r0
June 2007
IEEE-SA Standards Board Bylaws on Patents in Standards
The assurance is irrevocable once submitted and accepted and shall apply, at a minimum, from the date of the standard's approval to the date of the standard's withdrawal.
The IEEE is not responsible for identifying Essential Patent Claims for which a license may be required, for conducting inquiries into the legal validity or scope of those Patent Claims, or for determining whether any licensing terms or conditions are reasonable or non-discriminatory.
Nothing in this policy shall be interpreted as giving rise to a duty to conduct a patent search. No license is implied by the submission of a Letter of Assurance.
In order for IEEE’s patent policy to function efficiently, individuals participating in the standards development process: (a) shall inform the IEEE (or cause the IEEE to be informed) of the holder of any potential Essential Patent Claims of which they are personally aware and that are not already the subject of an existing Letter of Assurance, owned or controlled by the participant or the entity the participant is from, employed by, or otherwise represents; and (b) should inform the IEEE (or cause the IEEE to be informed) of any other holders of such potential Essential Patent Claims that are not already the subject of an existing Letter of Assurance. 4
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

7. Other Guidelines for IEEE WG Meetings
June 2007
doc.: IEEE /2039r0
June 2007
Other Guidelines for IEEE WG Meetings
All IEEE-SA standards meetings shall be conducted in compliance with all applicable laws, including antitrust and competition laws.
Don’t discuss the interpretation, validity, or essentiality of patents/patent claims.
Don’t discuss specific license rates, terms, or conditions.
Relative costs, including licensing costs of essential patent claims, of different technical approaches may be discussed in standards development meetings.
Technical considerations remain primary focus
Don’t discuss fixing product prices, allocation of customers, or dividing sales markets.
Don’t discuss the status or substance of ongoing or threatened litigation.
Don’t be silent if inappropriate topics are discussed… do formally object.
If you have questions, contact the IEEE-SA Standards Board Patent Committee Administrator at or visit
See IEEE-SA Standards Board Operations Manual, clause and “Promoting Competition and Innovation: What You Need to Know about the IEEE Standards Association's Antitrust and Competition Policy” for more details.
This slide set is available at 5
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

8. Opening Agenda (10 minutes)
June 2007
doc.: IEEE /2039r0
June 2007
Opening Agenda (10 minutes)
IPR Policy
ask if anyone on call is not familiar with or objects to IEEE IPR policy as summarized in slides 3-7
Attendance
To note attendance, send with participant names and affiliations to (PHY ad hoc chair) and please copy (TGn chair)
Affiliation
All speakers are asked to state their name and affiliation before speaking the first time
Questions and comments
Please ask questions and make comments when the presenter invites them
If the call gets chaotic, the chair may choose to manage a queue, but otherwise any participant may comment when the floor is open
Jim Petranovich, Conexant Systems Inc.
Jim Petranovich, Conexant Systems Inc.

9. Proposed Agenda Jim Petranovich, Conexant Systems
June 2007
Proposed Agenda
Jim Petranovich, Conexant Systems
this document: Brief EMR procedural review relating to D2.04 (10 minutes)
John Ketchum, Qualcomm
11-07/2024r0 STBC (30 minutes)
Eldad Perahia, Intel
n-phy-cid (5 minutes)
n-phy-gf-comments (5 minute)
n-phy-time-and-misc (30 minutes)
n-qbpsk (20 minutes)
Jim Petranovich, Conexant Systems Inc.

10. June 2007
STBC EMR in D2.04
There have been some questions about handling the STBC-related EMR
I will summarize the procedure that was followed in this case and explain the procedure for resolving this
I will invite the TGn chair (Bruce Kraemer, Marvell) and the PHY assistant editor (John Ketchum, Qualcomm) to comment if they choose
Then I will open the floor to comments or questions
Following this, John will discuss the technical issues in detail as part of 11-07/2024r0
Jim Petranovich, Conexant Systems Inc.

11. EMR procedural history
June 2007
EMR procedural history
TGn approved the resolution to CID 1599 relating to STBC in 40 MHz
The PHY editor (John) noted that the text as approved could be mis-interpreted and contacted the authors of the proposal (Jeremy, Marc) and the PHY ad hoc chair (Jim)
We all agreed with the PHY editor, and agreed that there seemed to be risks in inserting the text as approved directly into the draft
The PHY editor and original authors worked together to create new text that the believe meets the intent of the motion approved in TGn
This text was added to the D2.04 as an EMR. D2.04 is not an approved draft, and may be viewed as a form of speculative editing.
Jim Petranovich, Conexant Systems Inc.

12. EMR Procedure—What happens now?
June 2007
EMR Procedure—What happens now?
Today
I propose the PHY ad hoc will review the technical content of the EMR on today’s call (no polls planned)
July Meetings FTF in San Francisco
Invitations open for suggested rewording/clarification of the proposed resolution to CID 1599 (preferably submission-based)
The EMR and any related submissions will be reviewed by the PHY ad hoc and applicable consensus will be presented to TGn for motion
If TGn does not accept any new text relating to this issue, the TG editor will be instructed to insert the text as approved by TGn in May (and not the EMR) before accepting any new drafts in TGn
TGn plans to hold a vote on a new baseline draft in SFO (probably D2.05) which should include the final confirmed text resolving CID 1599
Jim Petranovich, Conexant Systems Inc.